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The different types of public transportation in New York mean the possibility of more causes of accidents. Whether you sustained injuries on the subway, a bus, or a car, you could be suffering from significant injuries. Regardless of the cause of the accident, an experienced personal injury can help you seek the compensation you deserve.
Who Is Liable in a Public Transportation Accident?
Pursuing a claim in a public transportation accident differs from a private vehicle claim in several ways, including the parties who may be liable for your injuries. The other driver is usually at fault in a private motor vehicle accident. However, a large entity, such as the Metropolitan Transportation Authority (MTA), could be at fault in a public transportation accident.
When seeking compensation for your injuries from a public transportation entity, you must prove their liability by establishing the entity’s or its employees’ negligence. Further distinguishing public transit accidents from private car accidents is that you must file a Notice of Claim before filing a personal injury lawsuit. Because these companies are typically government entities, this notice is required and must be filed within 90 days of the accident that caused your injuries.
The Notice of Claim serves as formal notice of your intent to file a claim for compensation. It must include specific information, including where the accident occurred, a detailed description of your injuries, and the compensation you seek. Failure to file the Notice of Claim within the 90-day timeframe can result in the loss of your right to pursue your claim.
What Is the Statute of Limitations in New York for Public Transportation Accidents?
The timeline to bring a cause of action for a public transportation accident in New York is not unlimited. New York law states that you have one year and 90 days (accounting for the 90 days to file the Notice of Claim) to file a lawsuit related to your injuries and losses.
Although this may seem like a long time, contact an experienced personal injury as soon as possible so they can start investigating the accident. Your attorney will gather evidence, including video surveillance footage of the accident and your medical records, to build a strong case on your behalf. With an attorney on your side from the start, you do not have to worry about missing filing deadlines. Instead, you can trust your attorney will work diligently on your behalf, keeping track of and complying with all case deadlines.
What Compensation Can I Pursue In My Case?
The compensation you can pursue in a personal injury case typically depends on the severity of your injuries and how they have affected your life. Generally, accident victims are eligible to seek money for the following:
- Medical Bills – After an accident, your medical expenses may include doctor visits, hospital stays, prescription medication, and surgery bills.
- Lost Income – If you cannot work due to your injuries, you can file a claim for your lost wages.
- Pain and Suffering – Pain and suffering are non-economic losses. Your attorney will help you quantify them so you can seek money for these losses in your lawsuit.
Your attorney will advise you whether limits exist concerning how much compensation you can be awarded, depending on whether you must sue any governmental entities. Rest assured a skilled and knowledgeable personal injury attorney will understand how to manage a claim within the applicable public transit accident laws and help you pursue your maximum recovery.
Contact a New York Personal Injury Attorney Today
If you suffered injuries in a public transit accident, call Michael LoGiudice, LLP, today. We are aggressive attorneys for the seriously injured and have the skills and experience to handle all aspects of your case. We understand the New York legal system can be intimidating, but we will guide you through the process so you can focus on recovering from your injuries.